A dispute between two neighbours in Campbell River in which one intended to B次元官网网址渦pset, offend and cause stress,B次元官网网址� has resulted in more than $16,000 in damages, according to a recent decision in B.C. provincial court.
Judge Catherine Crockett made her decision July 31, against Reno Pellegrin in his dispute with John and Sherri Wheeldon which lasted more than six years, primarily involving a concrete retaining wall between two neighbouring properties.
In 2008, the Wheeldons constructed a sports court at the back of their lot, and a concrete retaining wall between their property and the PellegrinB次元官网网址檚. Due to a miscalculation of the property line and the fact the concrete spread, part of the wall ended up on the Pellegrin property.
In her decision, Crockett noted the error was inadvertent, not intentional.
She also explained Pellegrin testified that despite the wall being on his land, it was also to his benefit, as it effectively shored up his yard, which is higher than the WheeldonsB次元官网网址� property.
Around 2013 to 2014, the cordial relationship between the neighbours broke down. In April 2014, Pellegrin dumped approximately 20 pounds of dog feces on the Pellegrin/Wheeldon property line.
Crockett said it is clear the retaining wall constitutes an ongoing trespass. On Dec. 15, 2015, Pellegrin took the position he was entitled to remove the wall, and partially took it down with a jackhammer. He estimated he removed 14 inches from the top.
B次元官网网址淢r. Pellegrin submits that spraypainting the word B次元官网网址楻emoveB次元官网网址� on the wall in May and June of 2015 was a form of warning, as was his letter of June 9, 2014,B次元官网网址� she wrote.
In the decision, Crockett reviewed videos of Pellegrin taking down the wall. Some of the statements she heard from Pellegrin on the videos include: B次元官网网址淗ope you and yours have a merry merry Xmas B次元官网网址�. This is what happens when you donB次元官网网址檛 get along with your neighbours B次元官网网址�. Call the cops about every little thing. Call bylaws and animal control about every little thing. HereB次元官网网址檚 what happens.B次元官网网址�
She said Pellegrin created a dangerous situation with concrete falling to the ground, jackhammering at the level of peopleB次元官网网址檚 faces and causing the fence to fall.
B次元官网网址淭he evidence also establishes, quite clearly, that Mr. PellegrinB次元官网网址檚 actions were motivated by malice B次元官网网址� in short, this was a vindictive, pointless, dangerous and unlawful act.B次元官网网址�
Crockett added while the law does permit a person to remove a trespass or nuisance in certain circumstances, B次元官网网址渢his is not the case.B次元官网网址�
There was no urgency to the situation. The wall caused him no harm. In fact, as he testified, the wall benefited him, she wrote. B次元官网网址淗is jackhammering of the wall was anything but a proportionate response to the trespass. There was nothing approaching B次元官网网址榚xceptional circumstancesB次元官网网址� to justify his action.B次元官网网址�
Due to trespassing, Crockett awarded $2 in favour of Pellegrin against the Wheeldons: $1 for walking onto PellegrinB次元官网网址檚 property on various dates and another dollar for the ongoing trespass of the retaining wall.
She awarded $16,801 to the Wheeldons which included $6,300 to replace the retaining wall, $6,000 in general damages and $2,500 in general, aggravated and punitive damages for various repeated nuisances and trespasses.
For more news from Vancouver Island and beyond delivered daily into your inbox, please
photos@comoxvalleyrecord.com
Like us on and follow us on
